State advocate George Baloyi has raised an objection to the line of questioning by the defence of accused one to up to four in the Senzo Meyiwa trial.
As the trial looking into the murder of Meyiwa resumed in the Gauteng High Court, Pretoria today, the state requested that the defence be curbed from asking the state witness Sergeant Thabo Johannes Mosia hypothetical questions relating to the incident.
Mosia, took to the stand as one of the first forensic officers on scene on the night Meyiwa was shot on October 26 2014, and was responsible for collecting exhibits on the scene.
Baloyi told the court that allowing the line of questioning by Advocate Malesela Teffo to continue traversed issues he (Mosia) had not testified on.
Advocate Malesela Teffo the defence for accused one up to four was just arrested in the High Court after proceedings in the Senzo Meyiwa trial #SenzoMeyiwatrial #MaleselaTeffo pic.twitter.com/sbdHFGx9HS— Pretoria News (@pretorianews) April 28, 2022
He stressed to the court that such cross-examination was irrelevant as Mosia was now being requested to express his opinion on matters he had no knowledge of.
If anything Baloyi said the defence should rather wait to pose questions such as the type of gun he believed was used, DNA results or if the scene had been tampered with, to the relevant witnesses which were still to appear before the court.
Baloyi said while he had no problem with Mosia being cross-examined in so far as the correct procedures and what he had collected or done in line with his duties, that was where his role ended.
Both defence teams agreed to submit their heads in response to the state's issues at a later stage.
As cross-examination of Mosia continued Teffo questioned why the officer had neglected to take in a walking stick on the scene as he alleged it had been used to attack one of the perpetrators on the day.
However Mosia said he did not collect it as evidence because he was informed by the people in the house that it belonged to one of the victims.
Teffo once more alleged that the officer who initially reported to the scene referred to as brigadier Ndlovu was part of an instruction following a meeting that was held by senior officials within the police alongside former Community Safety MEC Sizakele Nkosi-Malobane.
He alleged a meeting was held with people in the house and two senior Gauteng officials and Nkosi-Malobane, which resulted in tampering of the scene prior to Mosia's arrival.
Teffo said it was for this reason he believed Mosia only collected and took photos where he had been directed to by Ndlovu who was instructed to manage him.
This was refuted by Mosia who insisted he had no such knowledge, and that he had taken charge of the scene and done his duties as normal.
The defence also brought up an issue why there were no photographs depicting the second bedroom in which the victims were allegedly kept in when the forensic evidence was being collected.
Teffo insisted that Kelly Khumalo and the other victims had not been there as they had gone to the Mulbarton residence Khumalo shared with the slain soccer player.
Following the lunch adjournment the court was informed that the defence had received threatening calls and threats of arrest and as a result would not be able to continue.
As the court adjourned, advocate Teffo was indeed arrested.
The trial was postponed to April 30.